Official Procedure Last Change December 1, 2019
Motion to Incur Debt
How to file:
Location of event: Bankruptcy > Motions, Applications & Briefs > Incur Debt, Motion to
Things to be aware of when filing: If seeking to modify an existing secured debt, for instance negotiating new terms for a mortgage with the current lender, the Motion to Modify Secured Debt event should be used.
- The Motion to Incur Debt event can only be used in Chapter 13 cases, and is only for use when incurring a new debt.
- If seeking to modify an existing secured debt, for instance negotiating new terms for a mortgage with the current lender, the Motion to Modify Secured Debt event should be used.
- If the debt to be incurred is $2,500 or less: No approval is needed from the Court or Trustee. ECF will not allow you to file a Motion to Incur Debt that seeks to incur $2,500 or less.
- The Motion must be signed by the filing party or their attorney.
- A Certificate of Service must be included.
- A copy of trustee's approval, if such has been obtained, must be included. A statement in the motion that the trustee has consented is sufficient to comply with this requirement.
- A proposed order must be uploaded.
1. Log into CM/ECF.
2. Select Bankruptcy > Motions, Applications & Briefs.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Incur Debt, Motion to from the event list and click Next.
5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.
6. Check box if jointly filing with another attorney. Click Next.
7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.
Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.
8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.
Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.
9. Select radio button to indicate whether debt to be incurred is more than $2,500 or not and click Next.
Note: If seeking to incur a debt of $2,500 or less, no court approval is necessary. Therefore, you will not be allowed to proceed with the filing in such an instance.
11. Fill in the name of the creditor with whom debt is to be incurred.
12. Select appropriate radio button to indicate whether you are attaching trustee's consent statement, then click Next.
13. If you selected No in the previous step, objection deadline is calculated and displayed. Click Next, unless pending motions are also displayed (see next step).
14. If you indicated in Step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next.
15. Select prefix text, if applicable, and click Next.
Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.
16. Verify final docket text. If correct, click Next to submit.
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.